Osorio
Osorio v. Hol-Mac Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
MAYRA OSORIO,
Case No. 20-cv-00236-JCS Plaintiff, 8 v. ORDER GRANTING MOTION TO REMAND
HOL-MAC CORPORATION,
10 Defendant. Re: Dkt. No. 10
12 13 14 I. INTRODUCTION This is an action for the wrongful death of Plaintiff Mayra Osorio’s husband, Edwin Gomez-Zarate, who was killed in an accident involving a forklift that was allegedly owned, designed, manufactured or distributed by Defendant Quality Corporation (“Quality”). Defendant Hol-Mac Corporation (“Hol-Mac”) is allegedly Quality’s successor-in-interest. Hol-Mac removed the action to federal court on January 10, 2020 on the basis of diversity jurisdiction. Notice of Removal ¶ 9. Presently before the Court is Plaintiff’s Motion to Remand (“Motion”), in which she argues that the removal was untimely because it was filed more than thirty days after Hol-Mac “knew the matter was removable.” Motion at 1, 3 (citing 28 U.S.C. § 1446(b)(3)). A…